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" The right to the use of water rests on clear and settled principles. Prima facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right... "
The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically ... - Page 455
by John Simcoe Saunders - 1851 - 1417 pages
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Reports of Cases, Decided in the High Court of Chancery: By the ..., Volume 1

Great Britain. Court of Chancery, Nicholas Simons, John Stuart - Equity - 1824 - 678 pages
...the water 'J, "* ' i which flows in the stream; and, consequently, no Pro- u^t^,. *** **~ **' prietor can have the right to use the water to the prejudice of any other Proprietor. Without the consent of tbe other Proprietors, who may be affected by his operations, no Proprietor can either diminish the...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1054 pages
...proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has...other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity...
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Penny Cyclopaedia of the Society for the Diffusion of Useful ..., Volume 27

Encyclopedias and dictionaries - 1843 - 854 pages
...of each bank of a stream is the proprietor of one half of the land covered by the stream, but there is no property in the water. Every proprietor has...water which flows in the stream, and consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor...
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The Practice of the Law in All Its Departments: With a View of ..., Volume 1

Joseph Chitty - Civil procedure - 1833 - 1020 pages
...proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in tlir stream; and consequently no proprietor can have the right to use the water to th« prejudice of...
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An Abridgment of the Law of Nisi Prius, Volume 2

William Selwyn - Nisi prius - 1838 - 838 pages
...proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has...other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either dimmish the quantity of...
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The Theory and Practice of Conveyancing, Volume 1

Solomon Atkinson - Conveyancing - 1839 - 708 pages
...proprietor of each bank of a stream is the proprietor of half the land covered by the stream; but there is no property in the water. Every proprietor has...other proprietor, without the consent of the other proprietors, who may be affected by his operations. No proprietor can either diminish the quantity...
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Notes to Phillipps' Treatise on the Law of Evidence, Part 1

Esek Cowen, Nicholas Hill - Evidence (Law) - 1839 - 906 pages
...person through whose land it flows." (Per Holroyd, J. in Cross v. Lewis, 2 Barn. &, Cress. 686, 690.) " Every proprietor has an equal right to use the water...of any other proprietor. Without the consent of the oilier proprietors, who may be affected by his operations, no proprietor can either diminish the quantity...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has...other proprietor. Without the consent of the other proprietors who may be affected by his operations, no proprietor can either diminish the quantity of...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - Water - 1840 - 294 pages
...proprietor of each bank of a stream is proprietor of half the land covered by the stream, but that there is no property in the water. Every proprietor has...right to use the water which flows in the stream, and no proprietor can use it to the prejudice of any other. No proprietor can diminish the water which...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - Justices of the peace - 1841 - 590 pages
...his own land, without diminution or altcration."(z) " Every proprietor has an equal right to use (he water which flows in the stream ; and, consequently,...other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity...
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